JAMAICA | Public Service Commission Reappointed on Sunday

KINGSTON, Jamaica April 22, 2024 - Jamaica once again has an operative Public Service Commission (PSC). The previous Commissioners led by Mrs Patricia Sinclair McCalla as Chairman, were reappointed on Sunday by the government.

The reappointed Commissioners are: Mrs Patricia Sinclair McCalla, CD, JP, Chairman;  Bishop Herro V. Blair, OJ and Prof Denise Eldemire Shearer. Ms  Khadrea Folkes was appointed to represent the Jamaica Civil Service Association (JCSA).

It's understood that the Prime Minister wrote to the Leader of the Opposition yesterday  to advise of the reappointment in order that the selection and appointment of an acting Director of Public Prosecution could be properly effected.

The nation was told this morning that Senior Deputy Director of Public Prosecutions in the Office of the Director of Public Prosecutions, Claudette A. Thompson, has been appointed acting DPP. The appointment runs for six months.

Ms. Thompson's selection was approved by Governor General Sir Patrick Allen, upon the recommendation of the Public Service Commission.

A statement from the Ministry of Justice said Ms. Thompson, whose appointment takes effect today,  brings with her a wealth of experience and dedication to the pursuit of justice.

Yesterday the Attorney General's Chambers said that, “due to the ambiguity and the consequent uncertainty arising from the Constitutional Court's judgment on Friday, Paula Llewellyn, who had held the post of DPP since 2008, had advised that she was unable to carry out the functions of her office at this time.”

In its decision on Friday, the Constitutional Court struck down Section 2(2) of the Constitution (Amendment of Sections 96(1) and 121(1)) Act, 2023, under which Ms. Llewellyn elected to continue in office. The court declared that section unconstitutional, null, void and of no effect.

However, a statement on Sunday from Attorney General Dr. Derrick McKoy, said “After careful consideration of the judgment and in the public interest, the Attorney General will be appealing the Full Court's decision immediately, to have the issues resolved and determined by the Court of Appeal.”

Opposition Leader Mark Golding had raised concern that the appointment of an acting Director of Public Prosecutions could be hampered because the term of the Public Service Commission expired on March 31. 

Calling it a significant oversight, Mr. Golding blamed the government for its negligence in allowing the term to expire without putting in place a new Commission.

This however, was hurriedly done on Sunday in order to avert a possible constitutional crisis.

The purpose of the Public Service Commission (PSC) was to provide for an independent and impartial body charged with the responsibility of dealing with matters relating to the appointment, removal and exercise of disciplinary control in respect of public officers.

The power was given to the PSC to make recommendations to the Governor General for public officers to be appointed, as well as to remove or exercise disciplinary control.

According to the PSC website, “The functions and operations of the Public Service Commission were established in the Public Service Regulations which was gazetted in 1961.

“The Regulations set out how the Commission would operate with regard to the appointment, separation, discipline and the selection of public officers for national scholarships and study leave.

“The applicability and legality of the Regulations was entrenched in Section 2 of the Second Schedule of the Jamaica Constitution Order in Council, which came into being a year later, 1962, with Independence.

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